Rodriguez v. Bryant Permit Service
The Third DCA reversed a county court order dismissing a plaintiff's complaint "without prejudice" for failing to move for default final judgment within thirty days as directed. Because the statute of limitations had run, the dismissal operated as one with prejudice and was final and appealable; and because the trial court made no finding of willful noncompliance and did not weigh the Kozel factors, the dismissal was an abuse of discretion.
Key facts
- Plaintiff Rodriguez sued defendant Bryant Permit Service; the trial court dismissed the complaint without prejudice for plaintiff's failure to move for default final judgment within thirty days as directed by the court.
- The dismissal became effectively final because the statute of limitations had run, barring plaintiff from refiling the case.
- +2 more key facts with a free trial
Why it matters
A useful tool for plaintiffs' counsel facing case-management dismissals: it confirms appellate jurisdiction over a 'without prejudice' dismissal once limitations has run, and reiterates that a single missed deadline… — full analysis with a trial
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